Legal Question in Employment Law in Pennsylvania
Contract Termination clauses
Does this clause seem fair?
'Termination by Employee: The employee may
terminate
this contract only at the end of a term, with or
without cause, and then only upon one hundred and
twenty (120) days advance written notice delivered
personally or by certified mail to one of the
owners
of the hospital at the employer's address listed
in
this agreement. If the written notice is sent by
certified mail, it must be restricted to be signed
as
received by at least one of the owners of the
hospital, and it must be signed as received at
least
one hundred twenty (120) days prior to the end of
the
term of this agreement.
Termination by employer: The employer may
terminate
this contract at the end of the term, with or
without
cause, and then only upon at least sixty (60) days
advance notice delivered personally or by
certified or
registered mail to the employee's address as given
to
employer from time to time. in the event that the
employer terminates the employee, the employer
shall
be obligated in that event to pay the employee
compensation up to the date of termination as long
as
the employee is still wo
1 Answer from Attorneys
Re: Contract Termination clauses
It's difficult to answer your question without
knowing: How long is a term?
What are the penalties to the employee
who violates the notice provisions?
The clauses you have cited gives no information on these issues. It may be reasonable for the employer,which happens to be a hospital,to require
120 days of advance notice of an employee's intent to terminate in order to meet staffing requirements, whereas in some other line of work, this requirement would not be reasonable.
It's also possibe that there are state labor law or even local union contract provisions which could invalidate all or or part of these provisions.